View Post

Guardianship, care (custody) and contact by Noa Kinstler (attorney)

Guardianship In terms of the Children’s Act of 2005 guardianship is defined is in the narrower sense being the parents’ control and administration of the child estate and capacity to assist or represent the child in legal proceedings. Section 18(3) of the Children’s Act 2005 defines guardianship as follows: “(a)       administer and safeguard the child’s property and property interests; (b)       …

View Post

Parental Alienation by Nicki Macartney, attorney and mediator

What children want and need while their parents are going through a divorce is to maintain healthy and strong relationships with BOTH of their parents. They need to be shielded from their parents’ conflicts. Some parents, however, create an expectation that children choose sides and this expectation is commonly referred to a parental alienation syndrome. Parental Alienation can be defined …

View Post

Definitions of abuse by Noa Kinstler (attorney)

Economic abuse includes– a) the unreasonable deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including household necessities for the complainant, and mortgage bond repayments or payment of rent in respect of the shared residence; or b) the unreasonable disposal of household effects or other property in which the …

View Post

The Domestic Violence Act by Noa Kinstler (attorney)

In terms of the preamble to the Domestic Violence Act, it was enacted due to the State recognising that that domestic violence is a serious social evil and that there is a high incidence of domestic violence within South African society. The legislators recognised that victims of domestic violence are among the most vulnerable members of society. The Act deals …

View Post

Pro bono (free) legal assistance by attorneys by Noa Kinstler (attorney)

It is always advisable to consult an attorney before making life changing decisions such as the financial and social consequences of your divorce. Attorneys can be expensive however they are crucial in the negotiation and settlement process to make sure you do not give up your rights. However if you cannot afford the services of an attorney there are various …

View Post

The benefits of mediation by Sherie Grayman (attorney and mediator)

Mediation gives couples who are separating/divorcing the following advantages over litigating; 1. COST – The Mediation process generally takes much less time than moving a case through standard legal channels. Because both parties are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both parties. Therefore taking less time …